Wescot - immediate payment of severn trent bill from 2007!!

[h4yley80]

Hi
I'm hoping someone can help me please.
My fiance recieved a demand today from Wescot for an outstanding bill from severn trent water. it is a red letter and says "we have been instructed by our client" the letter didnt state the property it was in relation to so he rang them. it turns out it is for an address he lived at over 6 years ago with his ex girlfriend and is dated the 15/05/2007. My boyf didnt actually live there at the time as he had left a while before and went to stay on his sisters sofa. They are demanding full and final payment within 7 days unless he can prove he didnt live there at the time.
I think this is highly unfair as we have never been contacted previously about this, its taken 5 years to contact him and they want payment immediately before further action. Is there a letter i can send to get this stopped till we can get the proof we need??

on that note where could we go to get the proof as his sister put him up as a favor. he has been to the local job centre but they have to go onto the archives and that could take a while.

any help gratefully received
Thanks
hayley

[h4yley80]

Re: Wescot - immediate payment of severn trent bill from 2007!!

Ive been searching on your site most of the night and have found the "prove i'm the debtor" letter - do you think that would be worth sending??

[CleverClogs]

Re: Wescot - immediate payment of severn trent bill from 2007!!

Ive been searching on your site most of the night and have found the "prove i'm the debtor" letter - do you think that would be worth sending??

Yes.

Alternatively, he could refer them to the celebrated retort in the matter of Arkell v. Pressdram. ---> link

[labman]

Re: Wescot - immediate payment of severn trent bill from 2007!!

Hi,
Sorry, only just seen this. The main thing to think here is what can they do?

Send the Prove It letter which will at least give time. If they can, then you come to a payment arrangement which they have to accept as they won't get any money otherwise. If they can't prove it, then you don't pay a penny.

Also, did you have a bank account then? Get statements proving you were elsewhere. Get the benefit proof - politely make a fuss and say you only need a letter confirming you weren't there.

If they go for a CCJ, we can fight that and a judge isn't going to look favourably on a company that's refused a sensible offer.

You're actually in quite a strong position. I'll try to post further later when I'm not on my phone.

[teaboy2]

Re: Wescot - immediate payment of severn trent bill from 2007!!

You said he lived with his ex, whos name was the house in? As it sounds like he moved out whilst his ex still stayed there, that would mean the house was likely in his ex's name. Can you confirm this for us, as it would make a huge difference if the house was in his ex's name and not his.

As for the date of the letter, well it is wescot where talking about, they will probably have just made up the date on the letter to make it a year within the 6 year statuted barred limited. But it is for them to prove your fiance was living there at the time and is liable for the debt, your fiance does not have to prove anything. If they have issued a default his credit file, then you can sue for libel though you will have to prove it caused him prejudice e.g. prevented him getting credit. Also you will probably have to show he was not living there at the time either if you did claim for libel.

[CleverClogs]

Re: Wescot - immediate payment of severn trent bill from 2007!!

If they have issued a default his credit file, then you can sue for libel though you will have to prove it caused him prejudice e.g. prevented him getting credit. Also you will probably have to show he was not living there at the time either if you did claim for libel.

No, as the claimant in libel cases does not need to prove that the defamatory statement was untrue;for the claim to succeed, it would be enough for the defendant to fail to prove that the statement was true.

However, libel cases may be commenced only in the High Court and are hugely expensive if defended.

[teaboy2]

Re: Wescot - immediate payment of severn trent bill from 2007!!

True, but you should always have the evidence to support your claim it caused you damage regardless, because if it was untrue and no damage was evidentantly caused, then the likelyhood of being awarded damages is reduced.

[CleverClogs]

Re: Wescot - immediate payment of severn trent bill from 2007!!

True, but you should always have the evidence to support your claim it caused you damage regardless, because if it was untrue and no damage was evidentantly caused, then the likelyhood of being awarded damages is reduced.

Are you confusing libel with slander?

As far as I can recall, it is only in slander (and, possibly, in cases of malicious falsehood) where one has to prove that damage to one's reputation has occurred, unless the defamatory statement:

1. accused someone of carrying a contagious or infectious disease
2. accused someone of having committed a crime
3. impugned a woman's chastity

In the Australian state of Victoria, however, the law is different; there, the claimant would need to shew that he had a reputation in that state that should not be injured.

[teaboy2]

Re: Wescot - immediate payment of severn trent bill from 2007!!

No am not confusing the two CC. Even if the defendant is unable to prove that the default was not libellous, and therefore was libellous, the claiment still needs prove that the libellous action by the defendant caused them damage or financial deteriment in order to claim damages for such damage of deteriment. Libel and slander as technically one and the same, the only difference is one is written the other is spoken.

Basically you have a claim for compensation for the act itself, which if proven to be libellous compensation is paided to the claiment. You then have damages for deteriment which is calculated based on actual damage which is decided by how much credit you were refused as a result of the libellous default and whether this caused you to incur financial hardship and other financial costs, such as loss of profit if you happen to run a business. Evidence of refused credit and financial loss needs to be available in order for the court to calculate what compensation should be awarded for damages incurred, on top of the compensation for the act of libel. If no damage was incurred as a result of the libellous act, then the claiment is not entitled to compensation for damages but only entitled to compensation for the act of libel alone.

[CleverClogs]

Re: Wescot - immediate payment of severn trent bill from 2007!!

As your lordship pleases.

[h4yley80]

Re: Wescot - immediate payment of severn trent bill from 2007!!

Thanks everyone, i will send the prove it letter and let you know what they come back with.
I think his name was on the tennancy agreement to start with, ive checked the electoral roll and that shows he was there from 02 to 07. Would it be worth buying the credits to use this info?? I'm not sure what period the electoral roll covers. He doesnt appear again till he moved in with me in 09.
Much Appreciated